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The applicant’s evidence on the issue of service is that on 28 January 2011 when the matter came before Court the respondents were legally represented and it was agreed at Court by the legal representatives that, given the voluminous nature of the application papers, which included numerous annexures, Mr Nkosi would accept service of a copy therefore on behalf of all the respondents represented by him.In accordance with that agreement, service of the application papers was duly effected on all the respondents, by service upon their attorneys of record.The immovable property is one of the social housing complexes which the applicant established and it comprises of some 330 two bedroom units development built as a two to four storey walk up blocks of flats.

What was discussed at the Central Committee of the party was respected and they would tell the cadres what they need to know.“They could argue and no one would ever talk. We would meet the commanders and sometimes disagree on strategy but it would never reach the ears of the fighters.“Even those who were there to record what was being discussed would never open their mouths.“Now before a meeting is complete we already see it on Twitter.

In the circumstances I find it idle to contend against the applicant’s evidence in this regard.

On the alleged failure of the applicant to satisfy the requirements of sections 4(7) and/or (8), I can do no better than to repeat what was pronounced by Harms JA in Ndlovu v Ngcobo; Bekker and Another v Jika 2003 (1) SA 113 SCA at 124E-F when he stated: Relevant circumstances are nearly without fail facts within the exclusive knowledge of the occupier and it cannot be expected of an owner to negative in advance facts not known to him and not in issue between the parties.’[10] In the third point in limine, the respondents contend that the applicant instituted these proceedings as an urgent application.

The applicant has simply served the notice in terms of Section 4(2) of PIE without having served the application upon the respondents.

The respondents asserted that the applicant has failed to place before the Court any evidence or even a bald allegation to enable the Court to consider the factors raised in Section 4(7) and/or (8) of PIE with specific reference to the requirements of the rights and needs of the elderly, children, disabled persons and households headed by woman, and the availability of alternative land for accommodation.

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